Legal Question in Family Law in New York
Spouse wants a percentage of the value of my doctorate degree.
Why is it possible for a divorce to be held up for 4 years while my doctorate degree is being evaluated as a matter of communal property? My attorney has stated that regardless of the fact that I paid all tuition and other expenses associated with completing a double Masters and a Doctorate program and had a full time job that somehow my spouse is entitled to a percentage of the value of my degree because she wants the opportunity to go to school. My spouse has never demonstrated the ambition to go to college in 17 years of knowing this person (incl. 14 years of marriage, 4 separated). I currently have $65k in student loan debt as a result of going to school and never received a dollar of help from my spouse. Does she have a legal right to percentage of the ''value'' of my degree. Please advise, my attorney doesn't seem too concerned but this has been holding up the divorce for years and I want it over. Thank-you for your time and cooperation.
2 Answers from Attorneys
Re: Spouse wants a percentage of the value of my doctorate degree.
In NY a spouse may indeed be entitled to share in the "value" of the other spouse's advanced degree.
The value is determined by experts. I assume that both you and your spouse have retained experts who can assess the value of your degree. The assessment should take a matter of weeks to complete once the experts have all the information they need.
Re: Spouse wants a percentage of the value of my doctorate degree.
An advanced degree, acquired during marriage is [often] presumed to be "marital property," subject to "equitable distribution." BUT, it is a "rebuttable presumption."
In short, the process is that:
The "experts" evaluate and present their conclusions to the Court, re the "value" or $ worth, of the degree. But, the expert's Evaluation Report and Court presentation, usually does not take a long time.
Since, the Court decides the percentage or share, the non degree holding spouse, should be entitled to receive, the parties are afforded an opportunity to present "evidence," concerning their respective direct and indirect contributions and efforts to acquisition of the degree. This part of the process can be tedious, exhaustive and time consuming.
Good luck,
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